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" The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other... "
A Digest of New York Statutes and Reports: From the Earliest Period to the ... - Σελίδα 279
των Benjamin Vaughan Abbott, Austin Abbott - 1864
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 σελίδες
...rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. And when, in an action for the recovery of real or personal property,...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 8

Nathan Howard (Jr.) - 1853 - 594 σελίδες
...possesses an inchoate right of dower in said premises. When a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in. (Code, § 122.) It is laid down as a general principle, that in equity suits every person who is at...

Reports of Cases Argued and Determined in the Superior Court of the ..., Τόμος 8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 σελίδες
...such cases that the Code provided (§ 122) that " where a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in." If, therefore, in his judgment, there could not be a complete determination of the present controversy,...

General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1856 - 334 σελίδες
...controversy brought in. cannot be had without the presence of other parties, the court shall order them to be brought in ; and when in an action for...the recovery of real or personal property, a person, noif a p-'rty to the action, but having an interest in the subject thereof, makes application to the...

Reports of Cases in Law and Equity in the Supreme Court of the ..., Τόμος 22

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 σελίδες
...first time on appeal. (McMahon v. MoMakon, 18 Alabama R. 576.) II. " When a complete determination cannot be had without the presence of other parties, the court must cause them to be brought in." (Code. § 122. Davis $• Palmer v. The Mayor fyc. of New York, 2 Duer, 663.) Story says: " It is the...

The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 σελίδες
...the presence of other parties, the court shall cause them to be joined as proper parties. SEC. 18. When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to...

General Laws of the Territory of Kansas

Kansas - 1859 - 726 σελίδες
...prejudice to the rights of others, or by saving their rights ; but when a determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. ivrson. interested SEC. 48. When, in an action for the recovery of real...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 14

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861 - 700 σελίδες
...the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the Court must cause them to be joined as proper parties." We have seen that Lent was an indispensable party, in whose absence a complete...

Session Laws

North Dakota - 1862 - 640 σελίδες
...prejudice to the rights of others, or by saving their rights ; but when a determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. SECT. 38. When, in an action for the recovery of real or. m*™ persons...

Statutes at Large of the State of New York: Comprising the Revised ..., Τόμος 5

New York (State) - 1863 - 1026 σελίδες
...others, or by saving their rights, but when ao complete determination of the controversy cannot be had K without the presence of other parties, the court must...them to be brought in. And when, in an action for the reco-' very of real or personal property, a person, not a party to the action, but having an interest...




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